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Labor Relations (Midterms) Transcript | Atty. Jefferson Marquez | A.Y.

2017-2018 1

LABOR RECITS (MIDTERMS) footing. Thus, there is justifiable reason to treat them
differently.
NOTE:
13. What constitutional provision underscores Article 4,
These are the oral recitations in Labor Relations (AY 2017-2018) LC? Article 13, Sec 3 which provides for the protection
up to the Midterms from all the sections. Also, some answers of labor. “The state shall afford full protection to labor,
have been given. Please note that these are not the 100% local and overseas, organized and unorganized, and
guaranteed correct answers. Please minimize or regulate the promote full employment and equality of employment
sharing of this document because WE do NOT want Atty. opportunities for all.”
Marquez to see this. Also, as much as possible, do not have this
printed. Thank you! 14. What is an instance where we can apply Article 4?
JMM: none so far
(CGDP)
15. Can Article 4 be extended to other instances? For
November 16, 2017 example, may it be applied to a CBA or an
employment contract? Yes. The relationship between
1. What are the 3 fields of Labor Law? Labor Standards capital and labor are not merely contractual. It is
Law (LSL), Labor Relations Law (LRL) and Social impressed with public interest. Thus, the rule on
Legislation construction provided for in Art. 4 of the Labor Code is
not limited to the Labor Code and IRR. It extends to
2. Is there a marked distinction between LR and LS? agreements and writings, such as a CBA or an
Labor relations involves the comprehensive study of all employment contract.
aspects of the relations between management and
labor, especially with respect to the maintenance of 16. Are there other instances when Art. 4 may be
agreements, collective bargaining. extended? For example, in the case of evidence,
may you accuse an employee of theft based on
Labor standards refers to the minimum terms, hearsay information? Art. 4 may be applied. The
conditions and benefits of employment prescribed by employer has the burden to prove that the employee
law relating to minimum wage, hours of work, OSHS, was terminated for just cause. If the evidence is
and other standards of employment insufficient—as is the case with hearsay evidence—
then the dismissal was illegal.
3. What is common between the two? It involves the ER-
EE relationship 17. What right does the employee have to his job? The
worker has the following rights in general: (1) in relation
4. What is Labor Relations again? Refers to the to labor standards: (a) humane conditions of work, (b)
interactions between the employers and employees or living wage, (c) just share in the fruits of production; (2)
their representatives and the mechanism by which the in relation to labor relations: (a) self-organization, (b)
employment standards are negotiated, adjusted and collective bargaining and negotiations, (c) peaceful
enforced concerted activities including the right to strike in
accordance with law, (d) security of tenure, (e)
5. Where can you find Labor Relations Law (LRL)? participate in policy and decision making processes
Labor Code (LC) affecting their rights and benefits as may be provided by
law.
6. The LC is PD…? PD 442
18. How can you summarize Art. 4, if you include the
7. When did it take effect? November 1, 1974 instances we’ve discussed? (State Art. 4.) This rule
extends to agreements in writings, and evidence
8. Labor in LC refers to who? Working class or presented by the employer against the employee.
workingmen
19. Who has the authority to PROMULGATE RULES
9. Can you give an example of a Labor Standards AND REGULATIONS implementing the Labor Code?
provision? e.g. provisions on the payment of wages in The Department of Labor and Employment, specifically
legal tender the Secretary of DOLE.

10. Do we have a rule on the interpretation or 20. How do you describe this power to promulgate IRR?
implementation of Labor Laws? Yes, Article 4, LC. It It is DOLE’s quasi-legislative power, also known as its
provides that any doubt in the interpretation and rule-making power. It is a comprehensive and broad
implementation of the provisions of the LC or its IRR power. It must always be exercised within the scope of
should be resolved in favor of labor his authority.

11. Why are doubts resolved in favor of labor? The law 21. What are the three branches of government?
recognizes that between the employees and the Executive, legislative and judiciary.
employers, there is unequal footing with regard to
economic dependence. 22. What branch does DOLE belong to? Executive.

12. Does this violate the “equal protection” clause in 23. Does DOLE possess legislative power? No.
the Constitution? No, because again the law
recognizes that labor and capital are not on equal

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Labor Relations (Midterms) Transcript | Atty. Jefferson Marquez | A.Y. 2017-2018 2

24. What branch of government may LEGISLATE and administrative investigation. In this case, the IRR said
enact LABOR LAWS? The Legislative branch; in that the employer is mandatorily required to 1) send a
particular, the two houses of Congress. notice to explain, 2) HOLD A FORMAL HEARING OR
CONFERENCE, and 3) send a notice of decision. The
25. In case of conflict between Labor Laws and IRR, Supreme Court held the IRR to be void because all the
which will prevail? The Labor Code will prevail. If a rule Labor Code required was an opportunity. An employee
or regulation changes the content or meaning of the law, therefore cannot demand as a matter of right a hearing.
it is void. All that is accorded to him is an ample opportunity to be
heard only.
26. Does the Secretary of Labor INTERPRET the law?
No, he merely IMPLEMENTS the law. Also, read Sonza v ABSCBN. DOLE Sec. issued a
Policy Instruction, categorizing employees in the
27. Whenever SOLE issues an IRR, what is the binding broadcast industry as program employees and non-
effect of this IRR? The rules and regulations has the program employees. The Supreme Court did not read
force and effect of a law, as long as the IRR is within his anything about program/non-program in the Labor
authority. Code. Thus, the classification of the DOLE Sec. has no
basis and was set aside.
28. Are you saying these labor laws are not self-
executing? In most labor laws that we have like the LC See Letran Calamba Faculty case, teachers in the
are not self-executing laws. They need the IRR to private institution, SOLE said that those teachers who
implement them. render overtime work, the compensation of such should
be considered as part of its basic pay. Consequentially,
th
29. Who interprets the law? The courts. it will be computed as part of their 13 month pay. SC
said that this explanatory bulletin expanded the law
th
30. Can the Labor Arbiter nullify an IRR? No, only courts regarding 13 month pay since the law itself only refers
can order the nullification of an IRR. The LA simply to the basic salary which does not include allowances,
exercises quasi-judicial functions. It is the courts that are premium pay and overtime pay, unless they are
vested with the right to rule on the constitutionality of a considered an integral part of their salary.
law or IRR.
The moral of the story: Do not automatically believe the
31. Why are IRR subordinate to Labor Laws? There are Secretary of DOLE. Sometimes, they make rules which
two reasons for this. First, the Secretary of DOLE merely go beyond what the law provides. When you become an
has a delegated power to legislate, coming from the law attorney, you can challenge the constitutionality of the
itself. His power is dependent on the Labor Code. IRR.
Second, the Secretary of DOLE cannot amend, revise,
abrogate or expand the law. His power is circumscribed 35. Opinion of SOLE advisory in nature? The SOLE may
by the law itself. provide his opinion on how to interpret the law. But the
opinion (explanatory bulletin), as a mere bulletin, is
JMM: Labor relations law is easier than Labor standards merely an opinion and advisory. No binding effect
because there is less content to study. However, it is according to SC. The SOLE, in rendering the opinion is
more difficult in terms of principles of law. They are merely exercising his administrative power. The SOLE
mostly found in your textbook and jurisprudence. This is opinion regarding a labor law or IRR is merely advisory,
why I gave in advance the list of cases. You won’t find it does not have the force and effect of a law. The final
concepts such as probationary employee in the Labor arbiter on the interpretation of a law belongs to the court.
Code.
36. Does SOLE have quasi judicial powers? Yes
32. OPEN QUESTION: Give an example of a conflict
between IRR and Labor Laws? Policy Instruction No. 37. Does decision of SOLE become binding? Why? The
54-88 erroneously interpreted that health employees decisions of administrative bodies do not form part of the
who complete 40-hours/5-day workweeks ought to be laws of the land. Only Supreme Court decisions
paid a “full weekly wage for 7 days”. This expanded Art. applying and interpreting laws shall form part of the legal
83 of the Labor Code, which said that health employees system of the Philippines. See NCC Art 8.
who work for the sixth day ought to receive an additional
30% on top of their regular pay. Thus, the Supreme 38. Is there an exception? If the decision of the SOLE is
Court declared this Policy Instruction void. (San Juan de affirmed to the Court, then it forms part of the law
Dios Hospital case) because it now becomes a judicial decision and is now
within the scope of Art 8 of the NCC.
33. Does the Policy Instruction benefit the health
workers? Yes. 39. Does the IRR need to be published? The IRRs need
to be published before it takes effect because of Article
34. Yet, why did the Supreme Court disagree with the 2 of the NCC. Publication is indispensable.
Policy Instruction? The Supreme Court disagreed
because the Policy Instruction was in conflict with the 40. If not published, is it valid? Is it enforceable? If not
Labor Code. published, it is still valid because it was issued within the
scope of the power of the SOLE, however, it is
JMM: Read Perez v. NLRC (more recent case), which is unenforceable and cannot take effect. Non-publication
an en banc case involving administrative cases of the does not affect the validity of the law, only its
ER-EE. Under the Labor Code, in case of dismissal, the enforceability and effectivity. Tanada v Tuvera case.
employee is entitled to ample opportunity to be heard in

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Labor Relations (Midterms) Transcript | Atty. Jefferson Marquez | A.Y. 2017-2018 3

41. Does the LC provide any provision about 53. If I’m a foreign investor and I ask for your legal
publication? The LCC requires publication of the IRRs advice, I tell you that I want to exercise my power to
by the DOLE as provided in Article 5 of the LC. dismiss at will. Will it be possible? There is no such
thing as power to dismiss at will. It is always subject to
42. Classification of employees? For purposes of LRL, limitations, otherwise, the workers will be at the mercy
employees are classified as managerial, supervisory, of the capital. The Constitution itself affords full
and rank and file. protection to labor and the workers under the labor code
enjoys security of tenure.
43. The test in determining presence of EE-ER
relationship? Which of the 4 is the most controlling? 54. What does power to control mean? Control test is one
One of the tests to determine EE-ER relationship is the of the four-fold test in determining ER-EE relationship. It
Four-fold test which include (1) selection and refers to right to control, either exercised or reserved by
engagement, (2) payment of wages, (3) power to control the ER on not only the results but also the means and
and (4) power to terminate or dismiss. The power to manner by which the employee performs his job.
control or control test is most controlling among the four.
The control test covers the means, manner and results 55. What are some badges of control the school
of the employee. exercises over me? For example, in Atty. JMM’s case,
the badges of control of the employer (the school) are
Remember, you cannot find the Four-fold test in the LC. the load unit, course assignment, term and school year,
It was only the SC who provided the four-fold test. and schedule given and imposed by the school to him.
In those regard, that is indicative of the power and
44. Is there a need to apply the four-fold test when both exercise of control of the school (employer) in the means
the employer and employee admit that the employee and manner by which he performs his job. Therefore,
is truly an employee of the employer? Not anymore. the relationship between JMM and the school is that of
We only apply the four-fold test when the existence of ER-EE
the relationship is in dispute. When it is already clear
that there exists an ER-EE relationship, there is no need This also includes the results of the work. If daghan
anymore to apply this test. mahagbong sa bar on labor, so wala sya nagtarong sa
iyang trabaho. He can be dismissed.
45. Which of the four of the elements have we
discussed extensively in LS? Selection and 56. What is the two-tiered test for determining EE-ER
engagement (e.g. Who is the ER and EE? etc), payment relationship The two-tiered test includes the ER’s
of wages (e.g. RTWPB, NWPC, Wage Orders, putative power to control and most important, the
Exemptions of Minimum wage) and power to control economic dependence test (underlying economic
(e.g. labor contracting and subcontracting). Now, in realities of the EE to the ER) of the EE to the ER
Labor Relations, we will take up Power to Dismiss and
discuss aspects of power to control. 57. When do you apply the two-tiered test? The two
tiered test is applied when (1) there is no written
NOTE: In the case digest compilation now, we have to employment contract and (2) the person rendering
provide a header. service holds multiple positions. For example, if the
employee is a corporate secretary, member of the
46. Who exercises selection & engagement? The power board, vice president of a department, etc. There will
to select is exercised by the employer. It is a now be doubt whether you are an employee or not. See
management prerogative subject to limitations (non- case of Francisco vs NLRC case.
discrimination, etc.)
58. Badges of employment under the two-tiered test
47. Who fixes the wages? Employer (which would therefore manifest the existence of the
ER-EE relationship). Some indications of economic
48. Is it absolute? No, it is subject to compliance with the dependence are: company uniform, ID, proof of
minimum wage registration with the SSS, PhilHealth, PAG-IBIG, being
included in the payroll and use of time card.
49. How much is the current Minimum wage? 366
NOTE: Indicative lang ni sya na mga evidence, not
50. How much does the ER pay the EE as provided in conclusive. Taking into account all these pieces of
the LC? The employer is required to pay his workers evidence however, we can say that under the two-tiered
any amount as long as it is not below the prescribed test, there exists an ER-EE relationship.
daily minimum wage.
59. SSS membership presupposes what? EE-ER
51. Who between them possesses the power to relationship basically no employer in his right mind
dismiss? The power to dismiss is possessed by the would apply for SSS membership on a person who is
employer. This is labor relations in relation to right of the not his employee
workers to security of tenure.
60. Who are excluded from SSS coverage? Purely
52. Is the power to dismiss absolute? No, the power to Casual Employees
dismiss is not absolute, it is subject to the limitations
prescribed by law. The law provides specific grounds for 61. if I have an employment contract, do we still apply
dismissal. the two-tiered test? Not anymore. The existence of the
ER-EE relationship is not anymore in dispute.

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Labor Relations (Midterms) Transcript | Atty. Jefferson Marquez | A.Y. 2017-2018 4

62. Does the LC provide classification of employees? 69. What about desirable? It means the job, work or
Yes service would improve the nature or running of the
business of the employer (e.g. janitor in a restaurant)
63. State the article that provides the Kinds of
Employee and Classification of Employment Art. 70. Security of Tenure provision of the LC. Art. 294.
295. Regular and casual employment. The provisions of Security of tenure. In cases of regular employment, the
written agreement to the contrary notwithstanding and employer shall not terminate the services of an
regardless of the oral agreement of the parties, an employee except for a just cause or when
employment shall be deemed to be regular where the authorized by this Title (This basically speaks of the
employee has been engaged to perform activities gist of security of tenure—employee should continue to
which are usually necessary or desirable in the work until he is terminated for a just and authorized
usual business or trade of the employer, except cause). An employee who is unjustly dismissed from
where the employment has been fixed for a specific work shall be entitled to reinstatement without loss of
project or undertaking the completion or termination of seniority rights and other privileges and to his full
which has been determined at the time of the backwages, inclusive of allowances, and to his other
engagement of the employee or where the work or benefits or their monetary equivalent computed from the
service to be performed is seasonal in nature and the time his compensation was withheld from him up to the
employment is for the duration of the season. time of his actual reinstatement.

An employment shall be deemed to be casual if it is not 71. The law speaks of “in cases of regular
covered by the preceding paragraph: Provided, that any employment”. So does a casual employee enjoy
employee who has rendered at least one year of security of tenure? No. however, if the casual
service, whether such service is continuous or broken, employee becomes a regular employee with regard to
shall be considered a regular employee with respect to the activity to which he is engaged as long as that job
the activity in which he is employed and his employment still exists, he enjoys security of tenure.
shall continue while such activity exists.
72. Is teaching necessary to USC? Yes
Basically, the LC provision only provides regular and
casual employment (See Article 295). The first 73. Does the definition of Art 280 determine the
paragraph speaks of regular employment, while the last existence of EE-ER relationship? No, it only
paragraph speaks of casual employment. The first presupposes that an EE-ER relationship is already
paragraph defines regular employment and established and it is already being classified
EXCEPTIONS to regular employment (describes project accordingly.
and seasonal employees). Casual employment as
defined in the LC is understood as the employment not 74. If I work in an insurance company and solicit
regular, project and seasonal. Casual employment is insurance money, is there any EE-ER relationship?
more defined under the IRR— “There is casual No (based on a case). I believe that the relationship
employment where an employee is engaged to perform does not comply with the four-fold test, especially
a job, work or service which is merely incidental to the lacking the ER’s power to control.
business of the employer and such job, work or service
is for a definite period made known to the employee at 75. In a school, give example of regular employees?
the time of engagement” Teachers

64. Does LC define regular and casual employment? 76. How long is the employment of a regular employee?
Regular- employee has been engaged to perform Indefinite time until he is terminated for a just and
activities which are usually necessary or desirable in the authorized cause without prejudice to the provision of
usual business or trade of the employ law on compulsory retirement which is at 65 years old.

Casual- (IRR definition)- an employee performs job that 77. How about casual employees? Janitors in a school.
is merely incidental to the business of the employer The school will continue to operate despite the absence
of janitors. However, remember, if the janitor is to work
65. Exceptions to Regular Employment. (1) Project and continuously or broken for more than 1 year, he
(2) Seasonal becomes a regular janitor of the employer with respect
to the activity that he is engaged in as long as the job
66. Why is it considered Project Employee? Work is still exists (Casual to Regular Employment).
terminated upon completion of task/work/project
In casual to regular employment, he only becomes
67. How is Regular Employee Classified? regular with respect to the activity he is engaged in as
(1) By the nature of work (necessary/desirable to long as that job still exists.
trade/business)
(2) By length of service (those who rendered at least 1 78. When speaking of companies/businesses, how do
year of service whether continuous or broken) you determine that an activity is related to the
business/trade of that company? Articles of
68. What do you mean by necessary? It means the job, Incorporation of the Business, you can find it at
work or service are indispensable to the industry of the Securities Exchange Commission
employer (e.g. cook in a restaurant).
79. If a casual EE becomes a regular EE, does he enjoy
security of tenure? Yes

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Labor Relations (Midterms) Transcript | Atty. Jefferson Marquez | A.Y. 2017-2018 5

80. Enjoy security in terms of what? With respect to the 6. Does a casual employee enjoy security of tenure?
activity in which he is employed and his employment No, if the job performed by the casual employee is done,
shall continue while such activity exists he is deemed terminated.

81. Is it the same with a regular EE? No 7. But what if that casual employee becomes now a
regular employee, how long will his employment
82. Why? If the employee is a regular employee, his be? His employment is coterminous to the activity he
employment is indefinite. Also consider his right to performs while such activity continues to exist.
retirement.
8. How do we classify regular employees?
Review on retirement: optional employment at 60, (1) By nature of the work/job and
needs at least 5 years of service. If compulsory (2) By length of service.
retirement at 65, no need for minimum number of years
of service. Nature of job meaning that it is necessary or desirable
to the usual trade or business of the employer and by
83. Retirement age of judges? 70 years old. length of service meaning if the employee reaches at
least 1 year of service, whether continuous or broken.
84. Is the enumeration of exceptions to regular
employment exclusive? If not, what is another type 9. Why continuous or broken?
of employment not mentioned under the LC? The Continuous employment is if there is no break in the
enumeration of the exception to regular employment employment or no interruption.
under the labor code is not exclusive. Another exception
is those employed in a fixed term employment – as Broken is when there is interruption in the employment.
penned by the Supreme Court in the case of Brent
School vs Zamora. It is not found in the LC. There are times when the employee will be hired for a
specific period of time and after that his employment
November 21, 2017 ended and then the following year, he was again hired
for 5 months but his employment was already more than
1. How long is the duration of a Regular Employment? 1 year. So he is still a regular employee. If you are a
The duration for regular employment is indefinite until casual, you now become a regular employee. But if you
the employee is: are not a casual, you are regular from the start, there is
(1) terminated for a just and authorized cause; no more need to distinguish continuous or broken.

(2) when the employee voluntarily terminates his 10. A regular worker may either be a permanent worker
employment; or a probationary worker. When is a regular
considered a probationary and when permanent?
(3) when the employee reaches the compulsory age of a. Permanent – if he has successfully passed the period
retirement. You cannot insist if you already reached the of probation or if he is not placed on probation at all.
compulsory age of retirement unless the employer
extends your employment service. b. Probationary – if the employee is placed on probation
which does not exceed 6 months. Probation in LC
2. The Labor Code says in Art. 295, “The provisions of means trial period.
written agreement to the contrary notwithstanding
and regardless of the oral agreement of the 11. What are the exceptions again to regular
parties..”, this is a qualification. What is the purpose employment in the LC? Is this exclusive? Art.295,
of this qualification? The purpose of this qualification project and seasonal workers. No, it is not exclusive.
is in order for employers not to circumvent the According to jurisprudence, it also includes Fixed
employee’s right to security of tenure by making the Period/Term Employment
employment not regular through a written or oral
agreement. 12. How is Fixed Term similar to Project and Seasonal
Employment? These instances have a beginning and
3. Which of these types of employment (regular, an end. From the start of the employment, the
project, seasonal and casual) is mentioned by the termination of the work has already been made known
LC to enjoy security of tenure? Regular employment. or communicated to the employee.
Art. 294 provides “In cases of regular employment, the
employer shall not terminate the services of an 13. Do we have a law on probationary employment?
employee except for a just cause or when authorized by Under the LC, it speaks on the period of probation which
this Title.” is given a ceiling of 6 months that a regular worker may
be placed under probation.
4. What do you mean by the right to security of tenure?
It is the right of the worker to continue with his 14. Why is it fixed at 6 months? It is more than enough
employment until he is terminated for a just or period to assess the employee on his fitness to do the
authorized cause. job.

5. Is the right to security of tenure recognized by the 15. Does the employer have the management
Constitution? Yes, under Art. 13, Sec. 3. It is a prerogative to provide a period that is shorter than
fundamental right and now it is also in the LC. 6 months? Yes. The LC only provides for a ceiling. The
employer may fix a period shorter than 6 months. This
may be beneficial for the worker as he becomes

VANILLAELA (2017-2018)
Labor Relations (Midterms) Transcript | Atty. Jefferson Marquez | A.Y. 2017-2018 6

permanent faster. However, he has less time to learn probation unless any of the three instances we
the standards he must satisfy. mentioned before occur.

16. Are there any laws or instances where more than 6 28. If I hired you but I did not place you in probation,
months of probation is given? Teachers in private what does that mean? You become permanent
educational institutions who are covered under 2008
Manual of Regulations for Private Higher Education and 29. What is meant by project employment? “…except
2010 Revised Manual of Regulations for Private where the employment has been fixed for a specific
Schools in Basic Education. project or undertaking the completion or termination of
which has been determined at the time of the
17. How long is the probationary period found in the engagement of the employee…” (Article 295 of the
manual? Labor Code)
(a) The teacher is a full-time teacher
30. What does that mean when we speak of specific
(b) the teacher must have rendered three consecutive project or undertaking? An activity which is not
years of service (school year) and commonly or habitually performed or such type of work
which is not done on a daily basis but for a SPECIFIC
(c) such service must have been SATISFACTORY; for DURATION of time or until completion.
those teaching in tertiary level: 6 consecutive semesters
(3 years) 31. The SC said that there are two kinds of project
activities, what are they?
18. Why is the period of probationary longer for those (1) a particular job or undertaking that is within the
in the private educational institutions? A teacher regular and usual business of the employer company,
cannot be regular unless they complete the 3 years. but which is distinct and separate, and identifiable as
such, from the other undertakings of the company; or
19. Why is it longer? Teaching cannot be considered a
regular profession. It is a special profession. Teaching (2) A particular job or undertaking that is not within the
involves investing in the youth. If you have incompetent regular business of the corporation/company.
teachers, then you will have incompetent citizens.
(Make your own analogy for this) 32. Give me an example of the first type of business.
(Open Question) A school
20. Does this conflict with the Labor Code? No
33. What is the primary business of the school? To
21. For non-academic personnel? 6 months provide quality education

22. What are the instances where a probationary worker 34. So what would the school hire project workers for?
becomes regular? Give me an instance. Fr. Miranda would hire project workers to create tables
(1) When he successfully passes the probationary for the library.
period;
JMM: I’ll accept that example because its carried within
(2) When he is not informed of the reasonable standards the USUAL TRADE OR BUSINESS. By providing
of performance to comply with to qualify to become education, it goes without saying that you have to have
permanent. You must be informed at the time of a library. Hence if you want to modernize that library,
engagement; you can hire project workers. It is not forever, so once
the library is completed, employment has ended.
(3) He is allowed to work past the period of probation.
So if you fixed it by 6 months, and you let him work past JMM’s own example: Construction of a building, I’m the
that, by operation of law, he becomes permanent. contractor and so I can hire project workers to construct
that 5-storey building. Although they perform a job that
23. Why must we distinguish between permanent- is NECESSARY or DESIRABLE to my business of
regular, probationary worker? Because a regular constructing buildings, if I hire them to construct the 5-
worker can be terminated only for a just or authorized storey building which is separate from a 2-storey
cause. A probationary worker maybe terminated building and etc. then that could form part of a project. If
because you failed to qualify in accordance with the they finish that certain project, then employment has
reasonable standards made known to him at the time of ended for that project worker and I’ll wait for another
engagement. customer who’ll ask me to build another building.

24. Can that be a ground to terminate a regular and


permanent worker? No

25. Can a probationary worker be terminated for just


cause? Yes

26. Can he be terminated for authorized cause? Yes

27. What about a probationary worker, based on


jurisprudence, does he enjoy security of tenure?
Yes. He/she enjoys security of tenure for the period of

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Labor Relations (Midterms) Transcript | Atty. Jefferson Marquez | A.Y. 2017-2018 7

VANILLAELA (2017-2018)

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